At least seven legal associations have already voted against the Scottish government proposals, which were suggested to address low conviction rates. The scheme would mean that anyone accused of rape or attempted rape would stand trial before a single judge or sheriff, who would decide whether or not they are guilty. The legal profession fears the move could undermine the judicial system.
Stuart Murray, vice president of the Scottish Solicitors Bar Association, said he expected the boycott to become “effectively unanimous across the bar associations”. He told the BBC that the proposal was a “knee-jerk reaction” from the Scottish government, which was “ignoring the profession” and attempting to increase conviction rates.
The pilot scheme was proposed by Scotland’s second most senior judge, Lady Dorrian, and formed part of the Victims, Witnesses and Justice Reform (Scotland) Bill. The most recent figures show that conviction rates for rape and attempted rape were 51%, compared with 91% for all other crimes.
While First Minister Humza Yousaf has defended the plan, the legal profession has criticised the lack of relevant evidence to support the proposal. There are concerns that the scheme would hamper efforts to diversify the legal system and that rape cases are “more intimate” and often lack CCTV footage or extensive witness testimony.
Justice Secretary Angela Constance has rejected claims that the government has ignored lawyers and is determined to proceed in partnership with them. She argued that there is “overwhelming” evidence that juries have misconceptions about rape and that the legal profession, victims, and academics would be consulted as part of the parliamentary process.
